amendments to the Hawaii Rules of Professional Conduct

prohibition, however, does not preclude the lawyer from giving
an honest opinion about the actual consequences that appear
likely to result from a client's conduct. Nor does the fact that a
client uses advice in a course of action that is criminal or
fraudulent of itself make a lawyer a party to the course of
action. There is a critical distinction between presenting an
analysis of legal aspects of questionable conduct and
recommending the means by which a crime or fraud might be
committed with impunity.
[10] When the client's course of action has already
begun and is continuing, the lawyer's responsibility is especially
delicate. The lawyer is required to avoid assisting the client, for
example, by drafting or delivering documents that the lawyer
knows are fraudulent or by suggesting how the wrongdoing
might be concealed. A lawyer may not continue assisting a client
in conduct that the lawyer originally supposed was legally
proper but then discovers is criminal or fraudulent. The lawyer
must, therefore, withdraw from the representation of the client
in the matter. See Rule 1.16(a) of these Rules. In some cases,
withdrawal alone might be insufficient. See Rules 1.6 and 4.1 of
these Rules. It may be necessary for the lawyer to give notice of
the fact of withdrawal and to disaffirm any opinion, document,
affirmation or the like.
[11] Paragraph (d) applies whether or not the defrauded
party is a party to the transaction. Hence, a lawyer must not
participate in a sham transaction; for example, a transaction to
effectuate criminal or fraudulent avoidance of tax liability.
Paragraph (d) does not preclude undertaking a criminal defense
incident to a general retainer for legal services to a lawful
enterprise. The last clause of paragraph (d) recognizes that
determining the validity or interpretation of a statute or
regulation may require a course of action involving
disobedience of the statute or regulation or of the interpretation
placed upon it by governmental authorities.
[12] If a lawyer comes to know or reasonably should
know that a client expects assistance not permitted by the Rules
of Professional Conduct or other law, or if the lawyer knows he
or she cannot comply with client instructions due to the duties
imposed by these Rules or other law, the lawyer must consult
with the client regarding the limitations on the lawyer’s
conduct. See Rule 1.4(a)(5) of these Rules.
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